Law of Domicil Act

55
THE LAW OF DOMICIL ACT, 1970
No. 6 of 1970
Date of Assent: 4th June, 1970
Date of Commencement: 5th June, 1970
ARRANGEMENT OF SECTIONS
Section
1. Short title. 2. Interpretation. 3. Domicil of origin. 4. Foundlings. 5. Legitimation. 6. Adoption. 7. Marriage. 8. Domicil of choice. 9. Consequential change of domicil. 10. Unity and continuity of domicil. An Act of Parliament to declare and amend the law relating
to the legal domicil of persons
ENACTED by the Parliament of Kenya, as follows:—
1. This Act may be cited as the Law of Domicil Act, Short title. 1970. 2. In this Act, "country" means a sovereign State, or
where the law of such a State recognizes that different domicils
attach to different parts of that State, any such part. 3. Every person shall be deemed to have acquired, at the
date of his birth—
(a)if he is born legitimate or deemed to be legitimate, the
domicil of his father, or, if he is born posthumously,
the domicil which his father had at the date of his
death;
(b)if he is born illegitimate, the domicil of his mother. 4. An infant who is a foundling shall be deemed to have Foundlings. acquired domicil in the country where he is found. 5.

, the domicil of his mother. 4. An infant who is a foundling shall be deemed to have Foundlings. acquired domicil in the country where he is found. 5.

An infant who is legitimated by the marriage of his Legitimation. parents shall acquire the domicil of his father at the date of the
legitimation. Interpretation. Domicil of
origin.

the marriage of his Legitimation. parents shall acquire the domicil of his father at the date of the
legitimation. Interpretation. Domicil of
origin.

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Law of Domicil 1970
6. An infant whose adoption has been authorized by a
court of competent jurisdiction or recognized by a declaratory
decree of such a court shall, as from the date of the order or
decree, acquire the domicil of the adopter or, where he is
adopted by two spouses, that of the husband. 7. A woman shall, on marriage, acquire the domicil of
her husband. 8. (1) Where a person, not being under any disability,
takes up residence in a country other than that of his domicil
with the intention of making that country his permanent home,
or where, being resident in a country other than that of his
domicil, he decides to make that country his permanent home,
he shall, as from the date of so taking up residence or of such
decision, as the case may be, acquire domicil in that country
and shall cease to have his former domicil. (2) A person may intend or decide to make a country his
permanent home even though he contemplates leaving it should
circumstances change. (3) An adult married woman shall not, by reason of being
married, be incapable of acquiring an independent domicil of
choice.

ld
circumstances change. (3) An adult married woman shall not, by reason of being
married, be incapable of acquiring an independent domicil of
choice.

(4) The acquisition of a domicil of choice by a married
man shall not, of itself, change the domicil of his adult wife
or wives, but the fact that a wife is present with her husband in
the country of his domicil of choice at the time when he
acquires that domicil or subsequently joins him in that country
shall raise a rebuttable presumption that the wife has also
acquired that domicil. 9. (1) Subject to the provisions of subsections (2) and (3)
of this section, the domicil of an infant shall change—
(a) where the infant was born legitimate or is deemed to
be legitimate or has been legitimated, with that of his
father, or if his father is dead, with that of his
mother; or
(b)where the infant is illegitimate, with that of his
mother :
Provided that where the custody of an infant has been
entrusted to his mother by decree of a court of competent
jurisdiction, his domicil shall not change with that of his father
but shall change with that of his mother. No. 6
Adoption. Marriage. Domicil of
choice. Consequential
change of
domicil.

change with that of his father
but shall change with that of his mother. No. 6
Adoption. Marriage. Domicil of
choice. Consequential
change of
domicil.

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1970 Law of Domicil No. 6
(2) The domicil of an infant female who is married shall
change with that of her husband.
(3) The domicil of an infant, other than a female who is
married, whose adoption has been authorized by a court of
competent jurisdiction or recognized by a declaratory decree of
such a court, shall change with that of his adopter or, where
he was adopted by two spouses, that of the husband, or, if the
husband is dead, that of the wife.
10. (1) No person may have more than one domicil at any
time and no person shall be deemed to be without a domicil.
(2) Notwithstanding that he may have left the country of
his domicil with the intention of never returning, a person shall
retain such domicil until he acquires a new domicil in accord-
ance with the provisions of this Act.
Unity and
continuity of
domicil.